The short answer
A trademark in Tunisia lasts 10 years from the filing date and can be renewed without limit for further periods of 10 years. The renewal request must be filed in the last six months of the registration. Opposition is open for 2 months after publication, and an applicant who lives outside Tunisia must appoint an agent resident in Tunisia.
Trademark deadlines in Tunisia at a glance
These rules come from Law No. 2001-36 of 17 April 2001 on the Protection of Trademarks and Service Marks, in the English text on WIPO Lex. Fees, forms and detailed procedures are set by separate decrees, so we confirm them with the authority before filing. The text was amended in 2007, so we check the current wording of any article we rely on.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable without limit for further periods of 10 years (Articles 6 and 16). |
| Which date does the term count from? | The filing date of the application (Article 6). The new 10-year period of a renewal runs from the end of the previous period (Article 16). |
| When can I renew? | File a written renewal request in the last six months of the validity of the registration, with proof that the fees are paid and, if an agent files, a special power of attorney (Article 16). |
| Is there a grace period? | A defective renewal request gets a one-month period from receipt of the notice to correct it (Article 16). A person who missed the renewal deadline for a legitimate reason can ask for relief within two months of the end of the impediment, after carrying out the missed step and paying the fees (Article 20). Do not rely on this: we diarise renewal early. |
| Opposition period | 2 months from the publication of the application, by the owner of an earlier filed or registered mark, an earlier well-known mark, or an exclusive licensee. A late opposition, or one from a person not entitled, is rejected. The authority then tries to reconcile the parties (Articles 11 and 12). |
| Reply to an office action | If the application does not meet the requirements, the authority sends a reasoned notice and gives one month from the notice to amend or contest. If neither happens, the application is rejected, in whole or only for the affected part. Decisions can be appealed to the courts within one month of notification (Articles 8 and 38). |
| Priority claim | Priority under the international agreements Tunisia has ratified is available, subject to reciprocity. You must file a certified copy of the earlier application within three months of the Tunisian filing date, or the priority claim is void (Articles 18 and 19). |
| Non-use | The right to a mark can lapse if it is not seriously used, without an excuse, for at least five consecutive years for one of the registered goods or services. The owner must prove use, and use or resumed use before the cancellation request can prevent the lapse (Articles 34 and 35). |
| Assignment | Rights can be assigned in whole or in part, or pledged, in writing, otherwise the transfer is void. A change or assignment is binding on others only once recorded in the national register (Articles 26 and 27). Licences can be exclusive or non-exclusive (Article 28). |
| Publication | An accepted application is published within 12 months from the filing date (Article 9). |
| Ownership claim | A person with a better right can claim ownership of a mark registered in breach of their rights before the courts, within 3 years of publication of the registration unless the registrant acted in bad faith (Article 15). |
Who can register a trademark in Tunisia
Any natural or legal person can apply. Ownership comes from registration, and a mark can also be owned collectively (Article 6). The application is filed with the industrial property authority on payment of the fee (Article 7).
Representation. An applicant who resides outside Tunisia must appoint an agent resident in Tunisia, who files a power of attorney. Withdrawing or abandoning an application needs a special power of attorney (Article 7).
Trademark registration process in Tunisia
Search
- Search the the Tunisian industrial property authority (INNORPI) records for identical or similar marks in your classes.
File the application
- File with the the Tunisian industrial property authority (INNORPI), through your Tunisian agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication, the owner of an earlier mark, a well-known mark or an exclusive licensee can oppose within 2 months. The authority tries to reconcile the parties (Articles 11 and 12).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Tunisian industrial property authority (INNORPI) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Tunisia trademark validity and renewal
- Registration takes effect from the filing date for 10 years.
- File the renewal request in the last 6 months of the registration.
- A renewal cannot change the mark or add goods or services; those need a new filing.
- Renewal is not re-examined and is not open to opposition.
Diarise the renewal window from the filing date and renew early, because a late request depends on proving a legitimate excuse.
Assignment, licence and changes to a Tunisian trademark
Assignment
Written transfer
Assign in writing and record it in the national register, or it is void or not binding on others (Articles 26 and 27).
Licence
Exclusive or not
A licence can be exclusive or non-exclusive, and the court can withdraw it if the licensee breaches the contract (Articles 28 and 29).
Withdrawal
Total or partial
An applicant can withdraw before grant by written request (Article 30).
Abandonment
Owner choice
The owner can abandon the registration in whole or for some goods or services (Article 31).
Non-use and cancellation of a Tunisian trademark
Cancellation is decided by the courts if the registration breaches Articles 2 to 5, and the judgment has absolute effect. A prior-right owner cannot cancel if the mark was filed in good faith and used for five years, and a well-known mark owner must act within five years of registration unless the filing was in bad faith (Articles 32 and 33). The right also lapses for five years of non-use, or if the mark becomes generic or misleading through the owner's conduct (Articles 34 to 36).
Keep dated proof of use in Tunisia: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Tunisia
Search the national register of marks kept by the industrial property authority, which anyone can inspect, and ask for a certificate of registration data (Articles 13 and 14).
Sources used
- Law No. 2001-36 of 17 April 2001 on the Protection of Trademarks and Service Marks (Tunisia), English text on WIPO Lex, Articles 2 to 39.
- The industrial property authority for current fees, forms and procedures.
Tunisia trademark FAQ
How long does a trademark last in Tunisia, and from when?
10 years, renewable without limit for further periods of 10 years (Articles 6 and 16). It counts from the filing date (Article 6).
When should I renew a Tunisian trademark, and is there a grace period?
File a written renewal request in the last six months of the validity of the registration, with proof that the fees are paid and, if an agent files, a special power of attorney (Article 16).
What is the opposition period in Tunisia?
2 months from the publication of the application, by the owner of an earlier filed or registered mark, an earlier well-known mark, or an exclusive licensee. A late opposition, or one from a person not entitled, is rejected. The authority then tries to reconcile the parties (Articles 11 and 12).
How much does it cost to register a trademark in Tunisia?
The official fee is set by the the Tunisian industrial property authority (INNORPI) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Tunisia?
Yes, but a foreigner who is neither a national nor a resident of Tunisia must show that the mark was lawfully filed or registered in their own country and that the country gives reciprocal protection to Tunisian marks (Article 17). You must also appoint a Tunisian-resident agent (Article 7). We arrange both.
Can I assign a Tunisian trademark?
Rights can be assigned in whole or in part, or pledged, in writing, otherwise the transfer is void. A change or assignment is binding on others only once recorded in the national register (Articles 26 and 27). Licences can be exclusive or non-exclusive (Article 28).
Can a Tunisian trademark be cancelled for non-use?
The right to a mark can lapse if it is not seriously used, without an excuse, for at least five consecutive years for one of the registered goods or services. The owner must prove use, and use or resumed use before the cancellation request can prevent the lapse (Articles 34 and 35).
How can I check the status of a Tunisian trademark?
Use the the Tunisian industrial property authority (INNORPI) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority under the international agreements Tunisia has ratified is available, subject to reciprocity. You must file a certified copy of the earlier application within three months of the Tunisian filing date, or the priority claim is void (Articles 18 and 19).
How do I change the owner's name or address?
Record the change with the the Tunisian industrial property authority (INNORPI) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Tunisia
SUPREMEiP® files trademarks worldwide through its network and checks every Tunisian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
